Ordinance 2006-02
ORDINANCE NO. 06 -0;>
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS TO
CHANGE THE ZONING CLASSIFICA nON OF THE
SUBJECT PROPERTY LOCATED IN SECTION 23,
TOWNSI III' 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, FROM THE ESTATES (E)
ZONING DISTRICT TO THE RESIDENTIAL SINGLE-
FAMILY-5(3) (RSF ?[3)) ZONING DISTRICT WHICH
ALLOWS 3 DWELLING UNITS PER ACRE;
PROVIDING FOR STAFF AND PLANNING
COMMISSION STIPULATIONS; AND PROVIDE FOR
AN EFFECTIVE DATE.
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WHEREAS, John T. Mahoney of Mandalay Place LLC, represented by J. Gary
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Butler of Butler Engineering, Inc., petitioned the Board of County Commissioners, in
Petition Number RZ-2005-AR-7825, to change the zoning classification of the subject
real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the real property more particularly described in
Exhibit "A," attached hereto and incorporated by reference herein, and located in Section
23, Township 49 South, Range 25 East, Collier County, Florida, is changed from the
Estatcs (E) Zoning District to the Residential Single-Family 5(3) (RSF 5[JIl Zoning
District which allows a maximum of three (3) dwelling units per acre and the appropriate
zoning atlas map or maps, as described in Ordinance 2004-41, as amended, the Collier
County Land Developme!lt Code is/are hereby amended accordingly. The herein
described real property is the same for which the rezone is hereby approved subject to the
conditions contained in Exhibit "B," attached hereto and incorporated by reference
herein.
SECTION TWO:
This Ordinancc shall bccome effective upon filing with the Florida Department of
State.
Page I of2
PASSED AND DULY ADOPTED by super-majority vote by the Board of
County Commissioners of Collier County, Florida, this :l'i r..tay of J,]",.Lit,l(';l
2006. )
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~,ocQ~({],()?
. ;. .' eputy Clerk
"tteSt~;IS,.to ChafMlln' S
I tgutwrl 0111 y.
BY:
~~.,_..
~ HALAS, ~~AN
Approved as to form
and legal sufficiency:
Jennifer A. BeIped 0
Assistant County A
RZ-2005-AR-7825/KD/sp
Attachments: Exhibit "A"-LegaI Description
Exhibit "B"-List of Conditions
This ordinance filed with the
~tary o~~~ OfYJ~e
day a ,
and acknawleoge n of that
fil' received thl day
of J(2
Page 2 of2
.!!!gal Description
As provided by client (Commitment #1441313)
Exhibit A (File 1/64-2004-7579)
The North 305' of the East 1/2 of the NORTHEAST
1/4 of the SOUTHWEST 1/4 of the NORTHEAST 1/4,
Section 23, Township 49 South, Ronge 25 East, Collier
County. Florida
Together with an Access and Utility Easement, 60 feet
wide lying 30 feet on each side of a line dividing the
East 1/2 and. the West 1/2 of the said NORTHEAST
1/4 of the SOUTHWEST 1/4 of the NORTHEAST 1/4,
Section 23, Township 49 South, Range 25 East,
excepting the North 305 feet thereof.
Mandalay Place
RZ-2005-AR-7825
Exhibit "An
MANDALA Y PLACE REZONE
RZ-2005-AR-7825
CONDITIONS OF APPROVAL
]. Prior to the issuance of the first Certificate of Occupancy, the developer shall provide a Type B
buffer along the northern and eastern property perimeter boundaries that contains trees that are
a minimum of 14 feet high at time of planting. The trees must be set at 25 feet on center.
Along the northern boundary, all required trees must be oak trees.
2. Principal and accessory structures abutting the Hawksridge shared property boundary shall be
limited to a maximum height of 25 feet, and the structures shall be limited to a maximum of
two stories.
3. Prior to the issuance of a Certificate of Occupancy, the developer, or its successors and assigns,
shall pay to the Collier County Affordable housing Trust Fund the sum of $1,000 for each
residential unit. The payment of this sum set forth shall reflect a credit to the projcct's
obligations to pay fees that may be adopted in the future by the County relating to the provision
of affordable or workforce housing.
4. Accessory structure setbacks shall be the same as the principal structure setback.
Note: The conditions listed above are only applicable to that portion of Mandalay Place that is
described in the legal description for this rezone petition.
Revised J 2/1105
Conditions of Approval
Exhibit B
RZ-200S-AR-782S
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2006-02
Which was adopted by the Board of County Commissioners
on the 24th day of January, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th
day of January, 2006.
DWIGHT E. BROCK
\~ 1"
Clerk of Courts and'.'Clerk
Ex-officio to B().',q:-d of ./~
County Commissi~hers _,
~.Q'~I,J)e
~J) Heidi R. Rh~khvid'(/
Deputy Clerk'o.